It is understandable that when recruiting, you want
to employ the most suitable candidate for the job. In some cases,
reviewing a prospective employee’s criminal past is essential prior to
hiring him/ her. There are certain things you must do when requesting a
criminal record check legally.Glenn Duker, lawyer and solicitor, has years of experience and is well placed to guide you through the steps.
Make sure the conviction is relevant
A conviction should be relevant to the inherent
requirements of the job before you ask for the prospective employee to
disclose criminal record information.For example, it is fair to check
for a criminal history of fraud if you are employing for the finance
industry.This is so that a complaint against you can be avoided.
Collect the information with the candidate’s consent
You must explain to the candidate why the criminal
check is necessary. For example, this could be in relation to the
position, or the nature of your business. You should also advise the
candidate what they are not required to disclose and obtain the
candidate’s written consent. Following this, be sure to give the
candidate an opportunity to respond and explain why their criminal
record is not relevant to the job, if they do not wish to supply their
criminal history.
Ensure the conviction is not spent
‘Spent’ means that the conviction no longer forms
part of the person’s publically accessible criminal record, because a
specified period of time has passed with no further convictions.
In all States and Territories other than Victoria
and South Australia, it is illegal to discriminate against someone with
a ‘spent conviction’.
Have a process in place to keep the information secure
You must take reasonable steps to protect the information from the below points:
- Misuse
- Loss
- Unauthorised access
- Modification
- Disclosure
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